Grier v. State

Citations

• 29 Tex. 95

Syllabus

<p>The 250th article of the Code of Criminal Procedure thus defines a recognizance : “A recognizance is an undertaking entered into before the supreme or district court, by the defendant to a criminal action and his sureties, by which they bind themselves respectively, in a sum fixed by the court, that the defendant will appear for trial before the proper court upon the accusation preferred against him. The undertaking of the parties, in such case, is not signed, but made a matter of record in the court where the same is entered into.” (Paschal’s Dig., Art. 2727, Note 707.) A recitation in a recognizance, that the principal hinds himself, &c., and the surety binds “his heirs and legal representatives,” without binding himself, is not sufficient. The defect is fatal, although it has not been assigned for error.</p>